Monday, 16 June 2014

Privacy and CCTV

(First appeared in Consumer News Namibia Magazine October 2013)

The
Windhoek Municipality, has recently installed over 70 closed-circuit television
(CCTV) cameras in and around the town.
These are to be found in the city centre as well as at the four
roadblocks at Brakwater, Heroes Acre and Daan Viljoen and one at the road block
on the way to Hosea Kutako International Airport.

According
to City Police Senior Superintendent Gerry Shikesho the issue of privacy was
discussed and it was found not to be a serious hindrance. “Who would want to do
private matters in public places,” he asked during an interview with New Era,
adding that the cameras are there to safeguard everybody’s safety. The cameras
have varying purposes, which include informing municipal staff of faulty
streetlights, crime and fire prevention and detection, traffic management,
ensuring quick responses to medical emergencies and detecting infringement of
by-laws.

As
consumers we have to ask if this is really the case. Has our privacy been
respected or is it another attempt at taking away the rights of the individuals
privacy?

The
Namibian Constitution states in Article 13 states on the right to Privacy:

“(1) No
persons shall be subject to interference with the privacy of their homes,
correspondence or communications save as in accordance with law and as is
necessary in a democratic society in the interests of national security, public
safety or the economic well-being of the country, for the protection of health
or morals, for the prevention of disorder or crime or for the protection of the
rights or freedoms of others.”

The
Constitution thus guarantees only “Physical Privacy”. The storage of personal
and business information (“Informational Privacy”) as well as the storage of
our actions in a public place through the use of CCTV must have legislation
that will prevent misuse of this information. In addition, the individual in
Namibia must be able to access any, and all, information that is stored by the
state or public institutions such as the Municipality of Windhoek. In this
regard, City Police Senior Superintendent Gerry Shikesho states, Footage is
recorded and stored and police can access it if it is needed for an
investigation.” He said footage from the cameras is state evidence and members
of the public who wish to view the footage can do so by placing formal requests
through the police.

As a
consumer magazine, we must once again reiterate that there are two fundamental
pieces of legislation that is lacking in Namibia, namely a Data Protection Act;
and Privacy and Electronic Communications Regulations to ensure our
“informational rights” are enforced.

Data Protection Act

The Data
Protection Act will give you the right to know (access) the information being
held on you. It also sets certain key principles that anyone who handles personal
information must comply with. The Act should also establish an Information
Commissioner. The data covered is any information which can be used to identify
a living person. This includes names, birthdays, addresses and other contact
details. It only refers to information stored on computers.

The key
principles of a Data Protection Act must include:

• Data may only be used for the
specific purpose that it was collected;

• Data may not be shared with others
without permission of the individual whom such information is about – unless
there is a legitimate reason;

• It is illegal for other parties to
obtain this information without permission;

• Individuals have the right to the
information about them subject to certain conditions;

• Personal information should not be
kept longer than necessary;

• All businesses that collect
personal information must register with the Commissioner; and

• Incorrect information must be
corrected when it is brought to the attention of the data storage business.